NAIROBI, Kenya, Apr 23 – The Director of Public Prosecutions (DPP) has secured a key victory in an extradition case involving a former Deputy Speaker of the Afghan parliament Abdul Zahir Qadeer wanted in the United States on drug-related charges.
The High Court dismissed his appeal challenging a magistrate’s order for his surrender, overruling claims that Kenya lacked a legal framework to extradite him.
In a ruling delivered by Justice Alexander Muteti, the court upheld the extradition order and declined to overturn earlier findings that Qadeer should be handed over to US authorities to face trial.
The case stemmed from an appeal filed by Qadeer at the Nairobi High Court challenging a decision by the magistrate’s court that approved his extradition to the United States, where he is wanted in connection with narcotics-related offences.
No bilateral extradition treaty
The Office of the Director of Public Prosecutions (ODPP) successfully opposed the appeal, arguing that although Kenya does not have a bilateral extradition treaty with the United States, extradition was still permissible under Article 6 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.
Justice Muteti agreed with the prosecution’s position, finding that there was sufficient legal basis to support Qadeer’s extradition.
“The cooperation that the USA seeks from Kenya in the instant matter is permissible in law, and it would be against the spirit of international cooperation to decline the request,” the judge ruled, noting there was no evidence that the accused would face persecution or torture.
He further stated that extradition was consistent with public interest and international reciprocity, especially where there was no indication that Kenya intended to prosecute the suspect locally.
“The court is satisfied that there is a sufficient legal basis for the appellant’s extradition to the USA to face trial,” Justice Muteti ruled, dismissing the appeal in its entirety.
Qadeer was arrested following an extradition request made by the US government and is expected to be surrendered to face charges including narcotics importation conspiracy, possession of machine guns and destructive devices, and conspiracy to possess the same under US federal law.
The ruling clears the way for his transfer to US authorities to stand trial.